H1-B expires before PERM gets approved

[Power856Ranger]

I just filed for my PERM under EB3 category.

PERM file date: Feb 17, 2006
My 6th year H1-B expires on April 14, 2006

I will be working from Canada for my current US employer until it is legal for me to come back and continue my work from the US location.

When is it legal for me to come back? Is it after I-140? Or is it after I-485? And approximately how long will that be after my PERM gets approved?

What are my other options? File for 7th year H1-B extension? How long will that be?

The bottom line: I'm trying to minimize the time I need to stay in Canada for legal purposes.

Gracias!
Power856Ranger

 

[gc_2006]

I like this plan. Could he leave the US before H-1B time is up and then get extension at the consulate and come back alternatively?

What you would need to do is:

Leave USA as soon as you can; it will stop the h-1b clock from ticking.

Just before I-94 card is about to expire and if I-140 hasn't been approved yet, then make your way back to USA. While you are in USA, extend your h-1 by asking for recovery of time outside the country. You will need to wait in USA until this gets approved. Once it is approved, they will allow you to reclaim time and give you a couple of months.

Go back to Canada. If I-140 hasn't been approved then you need to go back to USA before I-94 card expires and do same exercise.

As soon as I-140 is approved and your I-94 card isn't expired then come back to USA and ask for three year extension.

If you leave USA the clock will stop on h-1 time. However, if you don't go back before I-94 card expires then you will have to wait in Canada.

Once I-140 is approved, then you would get company to file an H-1 stating your six years hasn't been finished and you want that time plus the additional three years based on I-140 approval. Under this option you would have to do this outside USA and wait for approval and then get visa stamped before coming back to USA.

You can only extend h-1 if you are in USA at the the time you ask for extension and you need to stay in USA until extension is approved.

 

[Power856Ranger]

I don't understand it completely.

Here's my situation:

My 6th year H1-B and I-94 expires on April 14, 2006
PERM Labor applied on February 17, 2006

Here's my employer's plan:

Leave USA to Canada as soon I get my Canana work visa and work from the Canadian office. I will be leaving on March 14, 2006 (that is 1 month before my H1-B and I-94 expires).

Come back to US after my I-140 gets approved. This means I will stay in Canada for about 6 months. My employer will file for recovery of time spent outside of US (1 month) and 3 year H1-B extension (this part I'm not really clear).

Do this sound like a good plan?

Power856Ranger

 

[creative10]

Actually if you have a Canadian office you could come back within a month itself on a B1 visa with a B to H conversion. It is easy to do in Canada. The B to H conversion basically implies that you are coming on a B (visitor visa) and need to work for the company like a H1 employee becuase of your projects. Once your I140 gets approved you could then apply for a H1 extension for 3 years.

 

[gc_2006]

I am not sure that works.
1) Once you switch to B1 in order to get back to H-1B you need to apply for a new H-1B (which can take quite a while - it shouldn't fall under the cap if i is filed within a year)
2) Technically B-1 doesn't allow him to work and collect wages - so he could 'visit' but at all times wages have to be paid through office abroad.

Please let us know creative10.

Actually if you have a Canadian office you could come back within a month itself on a B1 visa with a B to H conversion. It is easy to do in Canada. The B to H conversion basically implies that you are coming on a B (visitor visa) and need to work for the company like a H1 employee becuase of your projects. Once your I140 gets approved you could then apply for a H1 extension for 3 years.